Southern Printing and Publishing Co.

National Labor Relations Board - Board Decisions

Jul 15, 1940

25 N.L.R.B. 379 (N.L.R.B. 1940)

In the Matter of SOUTHERN PRINTING AND PUBLISHING COMPANY and
INTERNATIONAL TYPOGRAPHICAL UNION, CHARLESTON TYPOGRAPHICAL
UNION No. 43
Case No. C-1625.-=Decided July 15, 1940
Jurisdiction : printing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Order : entered on stipulation.
Mr. John C. McRee, for the Board.
Stoney, Crossland ct Pritchard, by M2. Edward K. Pritchard, of
Charleston, S. C., for the respondent.
Mr. G. A. Gilchrist, of -Charleston, S. C., for the Union.
Mr. Louis Colvin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Typographical Union, Charleston Typographical Union No. 43, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Tenth Region (Atlanta,
Georgia), issued its complaint dated June 3, 1940, against Southern
Printing and Publishing Company, Charleston, South Carolina,
herein called the respondent, alleging that the respondent had engaged
m and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. Copies of the complaint and accompanying notices of hearing
were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent advised its employees to withdraw
from or refuse to become members of the Union; (2) that the respond-
ent threatened its employees with lay-offs or discharges if they en-
gaged in activities in behalf of the Union; (3) that the respondent
made statements derogatory to the Union; (4) that the respondent
25 N. L. R. B., No. 51.
379
380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
terminated the employment of William Frederick on or about Febru-
ary 3, 1940, and refused to reinstate him because he joined the Union
and engaged in concerted activities for his mutual aid and protection;
and (5) that by these and other acts the respondent interfered with,
restrained, and coerced its, employees in the exercise of rights guaran-
teed in Section 7 of the Act. On June 13, 1940, the respondent filed
an answer denying the allegations of unfair labor practices in the
complaint.
Prior to a hearing, the respondent, the Union, and counsel for the
Board entered into a stipulation dated June 15, 1940. The stipulation
provides as follows :
Charges and amended charges having been filed with Charles
N. Feidelson, Regional Director, National Labor Relations Board,
Tenth Region, complaint was issued and served on all parties
wherein and whereby it was alleged that the respondent engaged
in unfair labor practices in violation of Section 8, sub-sections
(1) and (3) of the National Labor Relations Act (49 Stat. 449).
All parties hereto acknowledge service of the Complaint, Notice
of Hearing, Amended Charge and copy of National Labor Rela-
tions Board Rules and Regulations, Series 2, as amended. The
respondent, Southern Printing and Publishing Company, filed
its Answer to the Complaint on June 13, 1940, wherein it denied
that it had engaged in the unfair labor practices alleged in the
Complaint.
It being the intention of the parties to dispose of the matters
which have arisen, it is hereby stipulated and agreed by and
among Southern Printing and Publishing Company (hereinafter
called the respondent) by its attorneys, Stoney, Crosland &
Pritchard, by Edward K. Pritchard ; the International Typo-
graphical Union, Charleston Typographical Union No. 43
(hereinafter called the union) by its President, G. A. Gilchrist;
and by John C. McRee, Attorney for the National Labor
Relations Board as follows :
I
Southern Printing and Publishing Company is a corporation
organized and existing under the laws of the State of South
Carolina, having its principal office and place of business in the
City of Charleston, County of'Charleston, State of South Caro-
lina. It is engaged in the printing, binding and publishing of
books, directories, stationery, forms and other literature. The
principal raw materials used by the respondent are paper, lead
and ink. During the year 1939 the value of the products used
SOUTHERN PRINTING AND PUBLISHING COMPANY 381
by the respondent was approximately Twelve Thousand Dollars
($12,000), forty (40) per cent of which was obtained from states
other than the State of 'South Carolina. - - During the same year
the plant's products were valued at approximately Fifty-Six
Thousand Dollars ($56,000), of which about twenty (20) per cent
was sold and shipped to customers residing in states other than
the state of South Carolina. The average number of employees
in respondent's plant during the year 1939 was twenty-five (25).
Respondent admits for the purpose of this proceeding that it is
engaged in interstate commerce within the meaning of Section 2,
sub-sections (6) and (7) of the said National Labor Relations Act.
II
All parties hereto waive all further and other procedure pro-
vided by the National Labor Relations Act, or the Rules and
Regulations of the National Labor Relations Board, including
the taking of testimony and the making of findings of fact and
conclusions of law.
III
This Stipulation, together with the amended charge, Complaint,
Notice of Hearing, and postponements thereof, Answer and Rules
and Regulations of National Labor Relations Board, Series 2,
as amended, may be introduced in evidence by filing them with the
Chief Trial Examiner of the National Labor Relations Board,
Washington, D. C., and shall constitute the record in this case.
• IV
Respondent agrees to make whole William Frederick for any
loss of pay he has suffered by reason of his alleged discrimina-
tory discharge by paying to fiim the sum of Three Hundred and
Fifty Dollars ($350.00). It is understood and agreed that the
payment of this sum is in full satisfaction of any and all claims
that the said William Frederick may have because of any matter
set forth in the Complaint in this proceeding.
V
On the basis of the facts stipulated in paragraph I above, the
pleadings and the record described in paragraph III above, this
stipulation, and by agreement of the parties hereto, the National
Labor Relations Board may enter its order in the following form
in the above entit led case :
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
The National Labor Relations Board hereby orders that South-
ern Printing and Publishing Company, its officers, agents,
successors and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in the International Typo-
graphical Union, Charleston Typographical Union No. 43, the
International Printing Pressmen and Assistants Union of North
America, or any other labor organization of its employees by
laying off, discharging, refusing to reinstate or in any other
manner discriminating in regard to the hire or tenure of em-
ployment of its employees because of membership or activity
in connection with any such labor organization;
(b) In any manner interfering with, restraining or coercing
its employees in the exercise of the rights of its employees to
self-organization, to form, join or assist labor organizations
to bargain collectively through representatives of their own
choosing and to engage in concerted activities for the purpose
of collective bargaining, or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the
policies of the Act.
(a) Make whole William Frederick for the loss of pay he
has suffered by being discharged by payment to him of the
sum of Three Hundred Fifty ($350 00) Dollars;
(b) Post immediately in conspicuous places in its plant, and
maintain for a period of at least sixty (60) consecutive days
from the date of posting, notices to its' employees stating : (1)
that the respondent will not engage in the conduct from which
it is ordered to cease and desist in paragraphs 1 (a) and (b)
of this order; (2) that the respondent will take the affirmative
action set forth in paragraphs 2 (a) and (b) of this order;
(c) Notify the Regional Director of the Tenth Region in
writing within ten (10) days from the date of this order of
the steps respondent has taken to comply herewith.
VI
The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit, upon
application of the Board of a consent decree enforcing an order
of the Board in the form hereinabove set forth, and hereby waives
further notice of the application for such decree.
SOUTHERN PRINTING 9ND PUBLISHING COMPANY
VII
383
It is understood and agreed that this stipulation embodies the
entire agreement between the parties and there is no verbal agree-
ment of any kind which varies, alters or adds to this stipulation.
VIII
It is understood and agreed further that this stipulation is
subject to the approval of the National Labor Relations Board and
shall become effective immediately upon receipt of notice granting
such approval.
On June 24, 1940, the Board issued an order approving the above
stipulation, making it apart of the record, and pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the case to the Board for
the purpose of entry of a decision and order pursuant to the provi-
sions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Southern Prmting and Publishing Company is a South Carolina
corporation having its principal office and place of business-in Charles-
ton, South Carolina, where it is engaged in the printing, binding, and
publishing of books, directories, stationery, forms, and other litera-
ture. During 1939 the respondent purchased raw materials valued
at approximately $12,000, 40 per cent of which were shipped to it
from points outside the State of South Carolina. During the same
period, the respondent manufactured products valued at approxi-
mately $56,000, 20 per cent of which were shipped by it to points
outside the State of South Carolina. The respondent employs
approximately 25 employees. It admits that it is engaged in
commerce within the meaning of Section 2 (6) and (7) of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and stipulation and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor-Relations Board
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereby orders that the respondent, Southern Printing and Publishing
Company, Charleston, South Carolina, its officers, agents, successors,
and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in the International Typographical
Union, Charleston Typographical Union No. 43, and International
Printing Pressmen and Assistants Union of North America, or any
other labor organization of its employees, by laying off, discharging,
refusing to reinstate or in any other manner discriminating in regard
to the hire or tenure of employment of its employees because of
membership or activity in connection with any such labor organization;
(b) In any manner interfering with, restraining, or coercing its
employees in the exercise of the rights of its employees to self-
organization, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bargaining,
or other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Make whole William Frederick for the loss of pay he has suf-
fered by being discharged by payment to him of the sum of Three
Hundred Fifty ($350.00) Dollars;
(b) Post immediately in conspicuous places in its plant, and main-
tain for a period of at least sixty (60) consecutive days from the date
of posting, notices to its employees stating (1) that the respondent
will not engage in the conduct from which it is ordered to cease and
desist in paragraphs 1 (a) and (b) of this Order; and (2) that the
respondent will take the affirmative action set forth in paragraphs
2 (a) and (b) of this Order;
(c) Notify the Regional Director for the Tenth Region in writing
within ten (10) days from the date of this Order of the steps the
respondent has taken to comply herewith.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Order.